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Deposit: three months, three instalments

The cap is three months of net cold rent — not the warm rent. Anything above that is simply not owed and can be reclaimed at any time. You also have a statutory right to pay in three instalments, and the landlord may not withhold the keys because you use it.

• Cap: three months' net cold rent
• Payment: three equal monthly instalments, the first at the start of the tenancy
• The landlord must hold it separately from their own assets, insolvency-proof
• Return: after a reasonable review period, usually three to six months

Cosmetic repairs are often not your problem

A clause requiring you to redecorate on a rigid schedule regardless of the actual condition is void, and it is not reduced to a permissible schedule — it falls away entirely, leaving the obligation with the landlord. The same applies if the flat was handed over unrenovated without an appropriate allowance.

Service charges and the twelve-month deadline

Service charges may only be passed on where the contract says so, and only for the items listed in the Betriebskostenverordnung. Administration and maintenance costs are never among them for residential tenancies. If the statement does not reach you within twelve months of the end of the accounting period, the landlord can no longer claim a shortfall — but must still pay out a credit.

Rent increases have three separate limits

An increase to the local comparative rent requires that the rent has been unchanged for 15 months, may not exceed 20 percent in three years (15 in tight markets), and must be justified with a rent index, an expert opinion or three comparable flats. All three limits apply at once, and a defective justification voids the entire request.

Clauses we see, and what they are worth

Frequently asked questions

How much deposit can a landlord ask for?

At most three months' net cold rent, excluding service charges. Anything above that is not owed and can be reclaimed.

How much notice do I have to give?

Three months, regardless of how long you have lived there. The notice must reach the landlord by the third working day of a month to count for that month.

Do I have to repaint when I move out?

Only if a valid clause says so. Rigid schedules are void, and so is the obligation if the flat was handed over unrenovated without an appropriate allowance.

What if the service charge statement comes late?

After twelve months from the end of the accounting period the landlord can no longer claim additional payment. A credit in your favour still has to be paid out.

What does the check cost?

The first three findings are free and need no account. The full report is a one-off payment, with no subscription.